Posted by Patrick Moreau on November 3, 2022 in Legal
Top asset location law firm with Lincoln and Morgan : We perform in-depth and detailed financial investigations on each UCC lien enforcement matter. This includes both the commercial entity as well as the guarantors, landlords and successor entities involved. This gives us the confidence and knowledge needed to pursue each collateral investigation. In the event the investigation reveals possible discrepancies in the borrower’s financial documents, we can then notify the lien holder so that a decision can be made on possible avenues of remedy. See even more info at Lincoln and Morgan.
We (Lincoln & Morgan) specialize in only Commercial Mediation, UCC Lien Enforcement solutions, thereby guaranteeing the highest possible recovery of the secured assets and where possible lien releases. If a simple mediation solution is achievable in lieu of collateral surrender we will explore all options presented to ensure the best possible outcome is reached for all involved. We will consider all reasonable solutions prior to a final decision. We specialize in only Commercial Mediation and Litigation solutions, thereby guaranteeing our clients the highest possible recovery of both the cash that was due and the customer when repeat sales are desired!
Other advantages of mediation include: the process is consensual – either party can walk away; the process is forward-looking and can maintain the business relationship between the parties more effectively than litigation/arbitration, which are both retrospective and antagonistic forms of dispute resolution; what is said in mediation is confidential and without prejudice (up to the point where agreement is reached)4; and the parties are able to agree on solutions that would be beyond the scope of a judge or an arbitrator, for example, finding a “win/win” solution by introducing commercial issues not the subject of an existing dispute.
We (Lincoln & Morgan) pledge the highest possible results all while providing a professional, ethical and transparent approach for all parties affected. We are committed to offering excellence in all aspects of the process. At any point in the process, prior to retrieval, we are open to mediate with all parties for the proper release of the UCC liens and security agreements involved. According to a survey of members of the Commercial Law League of America, the probability of full recovery on a delinquent account drops dramatically with the length of delinquency. For example, even after only three months, the probability of recovering a delinquent account drops to 73.1%. After six months, 50% of delinquent accounts will never be recovered. After one year, the probability of ever recovering a delinquent account drops to 25%.
Below are some common issues to look at when considering whether the UCC lien against your business is legitimate: Overbroad- Does the collateral named in the UCC lien relate to the contract you signed with the merchant cash advance company, or did the company claim much more collateral than you agreed? Unclear- When you read the collateral in the UCC lien, is it clear what collateral you have allegedly pledged? Unfair- What or how much collateral should you pledge for a merchant cash advance? Did the merchant cash advance company take collateral in everything your business owns?